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(영문) 부산지방법원 2015.06.26 2015고합110
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 13, 2015, around 17:30 on January 13, 2015, the Defendant, at a bus stop located at the bottom of the Dog-dong, Busan, Dog-dong, Dog-dong, D 13 Operation D 13 of the victim C (ma, 62 years old) was stopped after about 30 meters of the stop, but the victim did not go to the death, and the Defendant expressed his desire as the victim's 's ringer, later'.

On January 13, 2015, the Defendant: (a) around 18:00 on January 13, 2015, at the front bus stops in Busan Gangseo-gu, for passengers getting on and off the bus, and (b) 5 times at the right side part of the victim who was seated in the driver’s seat of the bus parked in Gangseo-gu, Busan, and (c) sustained approximately two weeks of snow grass and snow booms in need of treatment.

Accordingly, the defendant abused the driver of a vehicle in operation and caused the injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and G;

1. Damage photographs;

1. A written diagnosis of injury;

1. Application of the video CD-related Acts and subordinate statutes;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types of punishment), violent crimes, assault crimes, types 4 (Bodily Harm resulting from Violence against Drivers) (Special Convicts), minor bodily harm (sensive factors), not subject to punishment (general prison factors), highly reflective factors), and not subject to criminal punishment (Scope of recommending punishment) [Scope of recommending punishment] Imprisonment with prison labor for not less than five months but not more than two years (Scope of recommending punishment revised by the lower limit of applicable sentences under Acts), and imprisonment for not less than one year and not more than 6 months and not more than 2 years;

3. Whether to suspend the execution (the main reasons for such suspension) minor injuries and criminal punishment.

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